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Home My WebLink About98-70 - Approving Conditional Use Permit PA -98-3142'7 RESOLUTION NO. 98-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING CONDI- TIONAL USE PERMIT PA -98-31. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by RFA, Inc., authorized agent for Chevron Products, with respect to real property located at 3190 Harbor Boulevard, requesting a conditional use permit to allow the sale of beer and wine from a recently approved food mart at a Chevron service station, in a C1 zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on May 26, 1998, at which time the Planning commission denied the application; and WHEREAS, a request was received for Council Review of the Planning Commission's denial of the application; the City Council held a duly noticed public hearing on July 6, 1998, which was continued to July 20, 1998; NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record and findings contained in Exhibit "A"; and subject to conditions of approval contained in Exhibit "B", the City Council of the City of Costa Mesa hereby approves Conditional Use Permit PA -98-31 with respect to the property described above. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this resolution is expressly predicated upon the activity described in the staff report for Conditional Use Permit PA -98-31, and upon applicant's compliance with each and all conditions contained in Exhibit "B". Should any material change occur in the operation, or should the applicant fail to comply with the conditions of approval, then this resolution and any recommendation for approval herein contained, shall be deemed null and void. PASSED AND ADOPTED this 20th day of July, 1998. ATTEST: Deputy Cit Clerk of the City of Costa Mesa Mayor of the ity of t Mesa STATE OF CALIFORNIA COUNTY OF ORANGE 1 ss CITY OF COSTA MESA 1 I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 98-70 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 20th day of July, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 21 st day of July, 1998. Deputy City lerk and ex -officio Clerk of the City CoLVcil of the City of Costa Mesa • EXHIBIT "A" FINDINGS A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-2918)(2) in that the proposed sales of alcoholic beverages are substantially compatible with developments in the same general area. Granting the conditional use permit would not be detrimental to the health, safety, and general welfare of the public, or other properties or imps,)vements within the immediate vicinity. B. Public convenience or necessity will be served by the issuance of a Type 20 off -sale Alcoholic Beverage License. C. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and has been found to be exempt from CEQA. D. The project is exempt from Chapter XII, Article 3, Transportation System Management of Title 13, Costa Mesa Municipal Code. 1 Exhibit "A" Resolution No. 98-70 Page 1 of 1 EXHIBIT "B" CONDITIONS OF APPROVAL Ping. 1. Prior to alcohol sales at this location, the applicant shall purchase and transfer an existing Alcoholic Beverage Control license from a census tract elsewhere in Costa Mesa with an over -concentration of off -sale licenses. If, at the end of six months, a Type 20, offsale license has not become available, the conditional use permit shall be returned to Planning Commission for review. 2. The conditional use permit herein approved shall be valid until revoked, but shall expire upon discontinuance of the activity authorized hereby for a period of 180 days or more. The conditional use permit may be referred to the Planning Commission for modification or revocation at any time if the conditions of approval have not been complied with, if the use is being operated in violation of applicable laws or ordinances, or if, in the opinion of the Development Services Director or his designee, any of the findings upon which the approval was based are no longer applicable. 3. Alcoholic beverage sales shall be limited to only beer and wine. 4. No wine shall be sold with an alcoholic content of greater than 15% by volume except for "dinner wines" which have been aged 2 years or more and maintained in corked bottles. 5. Wine shall not be sold in bottles or containers smaller than 750 milliliters. 6. No sale of beer in single cans or bottles (any size) shall be permitted. This restriction is not intended to prohibit the sale of such beverages in kegs or other types of containers, with a volume of 2 or muga gallons, which are clearly designed to dispense multiple servings. 7. Beer, malt beverages, wine coolers or pre -mixed distilled spirit cocktails (if allowed by the license) packed in 16 -ounce containers or smaller, may not be sold as single containers, but must be sold in manufacturer pre-packaged multi -unit quantities. 8 Beer or wine shall not be displayed or sold from an ice tub or any other type of portable refrigerated unit. 9. Applicant shall post signs inside and outside the premises prohibiting the on-site consumption of alcoholic beverages and loitering. 10. Applicant shall post signs inside and outside the premises in compliance with the City of Costa Mesa Municipal Code notifying the public with regard to the prohibition of open containers of alcohol beverages. 11. Every 2 hours, from 4:00 p.m. to closing, the applicant shall patrol the area over which the applicant has control in an effort to prevent 1 Exhibit "B" Resolution No. 98-70 Page 1 of 3 OF Ff'.141 t 1, CODE REQUIREMENTS The following list of federal, state and local laws applicable to the project has been compiled by staff for the applicant's reference. Any reference to "city" pertains to the City of Costa Mesa. Ping. 1. Applicant is reminded that all conditions of Planning Application PA - 98 -04 still apply regarding the construction of this project. 2. This conditional use permit applies only to the proposed new gas station/food mart approved under PA -98-04; sale of alcoholic beverages from the current facility is prohibited. 3. All conditions of the California Alcoholic Beverage Control Board shall be complied with. 1 Exhibit "B" Resolution No. 98-70 Page 2 of 3 the loitering of persons about the premises. The applicant shall make reasonable efforts to prevent loitering during other hours the business is open. 12. Applicant shall secure the premises with appropriate security lighting and employee scrutiny of adjacent areas under which applicant has control, to prevent trash, graffiti and littering. Any lighting under the control of applicant shall be directed in such a manner so as not to unreasonably interfere with the quiet enjoyment of nearby residences. Applicant shall further provide adequate lighting above the entrance to the premises sufficient in intensity to make visible the identity and actions of all persons entering and leaving the premises. 13. Exterior public telephones shall be equipped to prohibit incoming calls. 14. Except as permitted by the City of Costa Mesa Municipal Code for temporary window signs, windows shall not be blocked or obscured. 15. The applicant shall maintain free of litter all areas of the premises under which applicant has control. 16. Any graffiti painted or marked upon the premises shall be removed or painted over within 48 hours of being applied. 17. Exterior advertising shall comply with the City's sign regulations, and exterior advertisements shall be prohibited which indicate the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible from the exterior at the closest public street or sidewalk, shall constitute a violation of this condition. 18. Wrought iron fencing shall be installed along the interior side property lines under the direction of Planning staff. The applicant shall work with staff to ensure the required path -of -travel is provided in conjunction with the fence. CODE REQUIREMENTS The following list of federal, state and local laws applicable to the project has been compiled by staff for the applicant's reference. Any reference to "city" pertains to the City of Costa Mesa. Ping. 1. Applicant is reminded that all conditions of Planning Application PA - 98 -04 still apply regarding the construction of this project. 2. This conditional use permit applies only to the proposed new gas station/food mart approved under PA -98-04; sale of alcoholic beverages from the current facility is prohibited. 3. All conditions of the California Alcoholic Beverage Control Board shall be complied with. 1 Exhibit "B" Resolution No. 98-70 Page 2 of 3 1 1 11 4. No alcoholic beverages shall be sold or displayed outdoors. 5. No sale of alcoholic beverages shall be made from a drive-through window. 6. No display or sale of alcoholic beverages shall be made from an ice tub. 7. No alcoholic beverage advertising shall be located on motor fuel islands, and no self -illuminated advertising for alcoholic beverages shall be located on buildings and windows. 8. Employees on duty between the hours of 10 p.m. and 2 a.m. shall be at least 21 years of age to sell alcoholic beverages. 9. No alcoholic beverage shall be displayed within 5' of the cash register or the front door. Exhibit "B" Resolution No. 98-70 Page 3of3 431